02-1562 MOLINA V. CITY OF MIAMI

State: Florida

Court: Florida Third District Court

Docket No: 02-1562 MOLINA V. CITY OF MIAMI

Case Date: 12/18/2002

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002

GERARDO MOLINA, Appellant, vs. THE CITY OF MIAMI, Appellee.

** ** ** ** ** CASE NO. 3D02-1562 LOWER TRIBUNAL NO. 02-8752

Opinion filed December 18, 2002. An Appeal from the Circuit Court for Dade County, Michael A. Genden, Judge. Anthony F. Sanchez, for appellant. Alejandro Vilarello, City Attorney, and Warren Bittner and Regine Monestime, Assistant City Attorneys, for appellee.

Before JORGENSON, FLETCHER, and RAMIREZ, JJ.

PER CURIAM.

Gerardo Molina appeals from the dismissal of his complaint

and the denial of his motion for injunctive relief.

We affirm.

Appellant is the father of a man who was killed by an offduty City of Miami police officer in December, 1998. Appellant

filed a complaint seeking injunctive and declaratory relief under section 286.011(1), Florida Statutes, the Government-inthe-Sunshine Law. Section 286.011 provides in part:

(1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. . . . Appellant alleges that the investigations conducted by the Discharge of Firearms and Review the committee committee are must subject perform to

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